Aggressive Legalism: China's Proactive Role in Renewable Energy Trade Disputes?
Article from: TDM 3 (2015), in Renewable Energy Disputes
This article examines China's changing attitude toward renewable trade disputes. This article firstly argues that the concept of "aggressive legalism" which refers to a conscious strategy with the help of international rules to serve as shield and sword in trade dispute resolution should cover both domestic courts and intergovernmental WTO dispute settlement mechanism. This article finds that while China chose to settle the first renewable trade dispute, namely, China - Wind Power, with the US due to the staring WTO-inconsistency of the measures at issue, China later adopted a proactive ...